Capacity Defenses

Question 1

Insanity

Insanity

Answer 1

Defense to all crimes, regardless of the intent requirement

Question 2

Insanity

Insanity: 4 Tests

Answer 2

1) M’Naghten
2) Irresistible Impulse
3) MPC
4) Durham

Question 3

Insanity

Insanity; M’Naghten Test

Answer 3

Due to mental disease or defect, at the time of the offense D lacked ability to know the wrongfulness of his conduct or understand the nature and quality of his act

• D doesn’t know right from wrong

Question 4

Insanity

Insanity: Irresistible impulse test

Answer 4

Due to a metnal disease, D was unable to control his actions or conform his conduct to the law

• D acted due to an irresistible impulse

Question 5

Insanity

Insanity: MPC test

Answer 5

As a result of D’s mental disease, D lacked the capacity to either appreciate the criminaltiy of his conduct or conform his conduct to the requirements of the law

• Combination of M’Naghten & irresistible impulse

Question 6

Insanity

Insanity: Durham test

Answer 6

D’s conduct was the product of a mental illness

• But for his mental illness, D would not have acted

Question 7

Voluntary Intoxication

Voluntary Intoxication

Answer 7

D chose to consume an intoxicant

• Alcoholics and addicts are voluntarily intoxicated
• Not available if D imbibed in order to commit crime

Question 8

Involuntary Intoxication

Involuntary Intoxication

Answer 8

Intoxicant taken involuntarily if: without knowledge of its nature, under direct duress, or pursuant to medical advice w/o notice of intoxicating effect

• May be treated as a mental illness if relevant insanity test satisfied
• Defense to ALL crimes